Juno News - October 20, 2021


Charter is being "violated and abused" by COVID policies: former Newfoundland premier

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Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

In this episode, former Newfoundland and Labrador Prime Minister Brian Peckford joins me to talk about the Charter of Rights and Freedoms and why it needs to be re-examined and re-evaluated. In this episode of the Andrew Lawton Show, we discuss the Charter and its impact on Canadian society.

Transcript

Transcript generated with Whisper (turbo).
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
00:00:00.000 you're tuned in to the Andrew Lawton Show
00:00:05.280 let's go back to the basics here I want to talk to someone who was there at the very beginning
00:00:11.340 well he was the premier of Newfoundland and Labrador when the Charter of Rights and Freedoms
00:00:15.920 was being drafted the last surviving of the premiers involved in that very significant
00:00:20.900 process in Canadian history that is former Newfoundland premier Brian Peckford who joins
00:00:26.440 me now Brian it's wonderful to talk to you thanks very much for your time today
00:00:29.780 thank you for having me I'm I'm more than pleased to help clarify the whole business about the Charter
00:00:35.940 Rights and Freedoms this is something that again we're coming up on the the 40th anniversary of
00:00:41.680 and I think we'll have to have you back around then to talk about the legacy of the Charter but
00:00:46.300 the one fundamental thing that people have viewed in the Charter all throughout its history is that
00:00:53.060 it's there to protect the rights of Canadians and we have in that freedom of expression mobility
00:00:58.860 all of these things have been under an increasing threat from government in the last year and a half
00:01:03.720 and when you see the Charter that you left behind as part of your political legacy and you see what's
00:01:08.720 been happening how do you reconcile those two visions yes I can't reconcile those two visions and I'm sure
00:01:15.300 that if any of the other first ministers were still alive they would voice the same kind of shock and
00:01:21.800 surprise as I do to see how callously the governments not individuals or organizations or somebody who's
00:01:30.400 trying to undermine our society or some anarchist somewhere but the actual governments whose predecessors
00:01:40.880 participated in forming and creating this Charter Rights and Freedoms in the Constitution Act of 1982
00:01:49.580 so I am absolutely shocked and have been writing about it extensively for the last couple of years
00:01:56.480 highlighting the fact that what the governments are doing violates you know at least four different
00:02:03.040 sections of the Charter of Rights and Freedoms section 2 section 6 section 7 and section 15 all of which
00:02:10.780 deal with freedoms and rights equality rights freedom of assembly freedom of association freedom of expression
00:02:18.260 freedom to move around the country freedom to have a job right it's a right to have a job your rights
00:02:26.700 are supposed to be protected and yet jobs are being taken away from people so and governments are
00:02:33.580 doing this willy-nilly the parliaments are not involved anymore this is the other part of the equation
00:02:38.280 that a lot of people are forgetting I thought this was a parliamentary democracy parliamentary democracy
00:02:43.920 means by its very definition you go through the parliament for all these things so it seems to me
00:02:49.980 that the parliament of Canada and the parliaments of all of the other jurisdictions by the way there are 14
00:02:54.940 parliaments in Canada when you include the territories the three territories 10 provinces in the federal
00:03:00.480 government these should be open and these should be debating the provisions that the government
00:03:07.720 is suggesting should be brought in to mitigate the virus called the COVID-19 and there should be a full
00:03:15.480 and healthy debate by the representatives of the people so not only is the Charter of Rights being
00:03:21.600 violated but the whole custom convention and parliamentary democracy principles are being
00:03:29.000 much like violated and abused in what is now happening and what has been happening for the last
00:03:35.700 almost two years now there's a tremendous backlog in the courts of challenges of everything ranging
00:03:42.380 from individual fines that people have received under lockdown measures to very large programs like
00:03:48.500 hotel quarantine vaccine mandates all of this but but in the cases that have been litigated courts have
00:03:54.720 generally speaking taking a taking a very wide interpretation of the very first section of the Charter
00:04:00.460 which is very familiar certainly to you and and to a lot of Canadians by now that says that all of the
00:04:05.080 other rights you have can be limited by government and I knew that and by the courts and I know that
00:04:10.460 you wrote a letter to premiers about this and you you basically said you know section one is not
00:04:15.600 protecting you as much as you think it is section one says that the federal government or the provinces
00:04:22.280 have to demonstrably justify what they are doing within reasonable limits in a free and democratic society
00:04:32.040 by law they have not demonstrably justified what they are doing and therefore in my view
00:04:40.340 everybody else is being silent on this everybody else is being I haven't heard any law societies I haven't
00:04:47.040 heard any any law professors or political science people everybody's going silent there's a sort of a
00:04:52.040 collective psychosis or amnesia in the country where nobody wants to speak up on this they have not
00:04:58.040 demonstrably justified I mean I can read the words I don't have to be a constitutional lawyer I was
00:05:04.200 involved in the constitution making and so I have a fair amount of experience in that over like almost
00:05:10.760 two years when we were negotiating the constitution act so I do have some experience I do have some
00:05:16.440 knowledge of words and what does put in a constitution and I've been studying this ever since it was created
00:05:22.520 back in 1981 so I feel I have some authority on this and and therefore I know what demonstrably justify
00:05:31.400 means you have to justify demonstrably in other words you have to be quite open and transparent and
00:05:39.080 you have to make you have to have great evidence and what the governments have not done is that they have
00:05:44.840 not allowed through the parliaments or through any hearings competing views on the medical science that is
00:05:51.800 driving these lockdowns and these mandates and so on and the mere fact that they haven't that means
00:05:57.000 they have not demonstrably justified the positions they are taking so in my view if this ever gets
00:06:02.600 a spring court of camera if there's any independence left at all in the judiciary and that's where it would
00:06:07.560 reside right now I submit then it seems to me they would have to rule a lot of these measures to be
00:06:14.120 unconstitutional now they may put in place other measures or say you can do a and you can do b but you
00:06:20.360 can't do c and d or we'll put a time frame on this or you give me more evidence before I make a final
00:06:27.080 decision right they could do all of those things but they and the other thing I've said to the
00:06:33.720 premiers in a in a in a open letter is there is a measure to expedite this through the courts nobody's
00:06:40.920 talking about this either and that is provincial or federal reference every government of canada
00:06:47.880 provinces and the federal government can take their measures and refer directly to their highest court
00:06:55.480 in the case of the provinces it's their appeal court in the case of the federal government it's
00:07:00.360 the supreme court of canada and they could ask those courts is what we are doing following the
00:07:05.640 constitution of this country is it following the charter rights and freedoms not one has done it
00:07:10.520 i've submitted an open letter to all premiers asking them why won't you refer what you're doing
00:07:16.840 to your courts to get a decision so that the people of canada know you're being constitutional
00:07:22.040 not one premier has answered me not one premier has answered me and i find that shocking that not even
00:07:28.840 the courtesy to respond to somebody who was involved in the constitution in the beginning especially the
00:07:33.720 charter rights and freedoms so there are measures available a lot of people are frustrated but if
00:07:39.480 the if a province of canada did what i'm saying and referred this to their appeal court do you think
00:07:44.840 the appeal court would sit on that not on your life they would know right away as a signal by these
00:07:50.760 governments they want to know you know whether we're constitutional they would take that up immediately
00:07:55.720 make an adjudication then that province could refer directly to the supreme court of canada
00:08:00.120 they can go directly to the supreme court of canada so those two courts could within six months just
00:08:05.720 say give it an outside of a year make a decision not the three or four years that we're into now
00:08:11.880 with them going through the courts by organizations and individuals and so on because in the regular
00:08:18.680 course of business it has to go to the trial division of the supreme court of a province then to the
00:08:26.040 appeal division of the supreme court of the province then to the supreme court of canada so that can be
00:08:32.520 shortened immeasurably especially if a government initiated it because then the courts would be
00:08:37.720 seized with knowing they need a quick decision i don't disagree with you but i think the two issues
00:08:43.480 there are firstly that a lot of provinces know that what they're doing is is not constitutional and
00:08:48.760 they don't want to put it through that scrutiny but also i i have a not a lot of optimism that the
00:08:54.920 courts are going to be on the right side of this and to go back to section one for a moment we've
00:08:59.720 seen in a number of of constitutional uh charter litigation cases and you know even more recently
00:09:05.720 on some of the the covid lockdown related litigation that that again courts are taking government at its
00:09:12.600 word that covid is kind of a trump card that you can use to suspend civil liberties they're not worried
00:09:18.200 about the inherent constraints of section one so the general question i guess i'll put to you brian
00:09:24.680 is when that was being drafted and when that was being considered was there a little bit more
00:09:30.520 optimism about how the judiciary would use that power no question nobody nobody and i would say
00:09:38.040 those people who are still alive who were deputy ministers advisors to the various governments
00:09:42.600 there's quite a few of them still alive should be coming out and saying what i'm saying i don't think
00:09:46.600 there was anybody in that room at the time or in the various rooms of the various delegations who
00:09:51.800 thought that this would happen at this point in time even even in the public uh emergency so-called
00:09:59.240 so-called section one was never meant to be a trump card for what we're seeing now
00:10:03.960 well but it's a protection because it's demands to be justified and they haven't done that they're
00:10:08.280 using that but it cannot be that's not a valid use of that section so they're still violating the
00:10:14.360 constitution so that's how i would that's how i interpret it yes they might try to use it as a
00:10:19.640 trump card but it's a false trump card it's a false trump card because where is the justification
00:10:25.720 demonstrably made nowhere all they've done is gone ahead with their provisions with no justification
00:10:32.360 in those provisions what they did and by the way in alberta there's a court case by the center of
00:10:37.320 constitutional freedoms and they've been trying to get the evidence from the alberta government and the
00:10:41.560 alberta government has been refraining from providing the evidence the evidence by the way that
00:10:46.120 they were supposed to have for the decisions they made a year and a half ago so to say they don't
00:10:51.880 have it or it's going to take us time to prepare it is absolutely specious and doesn't pass muster
00:10:58.360 so that's a good example of one government that's very afraid to come forward with the evidence evidence
00:11:04.680 has not been presented to justify what the governments are doing and they have that obligation under
00:11:10.280 section one to do so you've been a premier you understand the political implications of your
00:11:17.400 actions and you also understand of course working within the bureaucracy and having some forces in
00:11:22.440 government and in deputy ministers that want to push and pull you every which way but a lot of these
00:11:27.640 premiers you know it seems like they're listening to the public health experts that they cite and and a
00:11:33.720 lot of them are only interested in lockdowns they're not interested in exploring the economic
00:11:38.680 implications the civil liberties implications and all of these other things and and i guess i i'm just
00:11:43.720 curious why you think a lot of these premiers have narrowed their focus so much to only really pull
00:11:50.040 advice from one source and one source only as they're drafting these measures i find it very disturbing
00:11:57.800 obviously uh one of the answers is is very poor leadership in this country right now obviously leaders
00:12:04.280 are to take advice but after taking advice then they're to go away and make up their own mind
00:12:08.920 both the cabinet and the ministers and the premier or prime minister that doesn't look like it's
00:12:13.960 happening now but it's it's blatant andrew i mean there's a great barington declaration how long has
00:12:18.760 that been out there and they tried to malign the three greatest experts in the world who signed that
00:12:24.680 barington declaration saying that these lockdowns are not going to work and you know some of tens of
00:12:30.520 thousands of doctors and and research scientists around the world that's been completely ignored so it's not
00:12:37.960 only on the you know narrow scale but on the broader scale they're not even taking that into
00:12:42.920 consideration so once again i come back to number one is the lack of leadership there's no question
00:12:48.200 about it that most of the leaders of this country today have failed the test of leadership have
00:12:53.240 failed the test of their premiership have failed the test of their prime ministership and it comes down
00:12:58.360 now unfortunately to civil society comes down to you and me and others and thank you for giving me this
00:13:04.200 opportunity to articulate an alternative view not to be against vaccines generally speaking but be
00:13:13.640 against one that has not proven its worth in any testing because it's still experimental and is
00:13:20.120 damaging tens of killing tens of thousands of people according to the government records themselves
00:13:25.720 both in the united states and europe and and therefore we should be far more cautious and we should be
00:13:31.000 taking a broader view of of the guidance and ex and expertise that we're supposed to do as good
00:13:37.880 leaders and we're not doing that and so i think that there's a failure of leadership number one but
00:13:42.360 there's also failure by civic society by civil society by our business leaders by our union leaders by our
00:13:49.400 academic leaders uh to to come forward and the other problem with that is our democracy has been
00:13:55.880 failing for quite some time this is a catalyst that sort of our manifests it's more open so more people
00:14:02.680 see it okay it's been failing for a long while especially since pierre elliot trudeau senior when
00:14:08.200 he started to develop a bigger prime minister's office the power has been moving from the mps the power has
00:14:14.120 been moving from the parliament parliament parliament went first of all to the cabinet with the prime minister
00:14:19.480 now it's gone all the way to the prime minister and there's a book out that people should read
00:14:24.280 by donald savoy entitled democracy in canada the disintegration of our institutions and he tracks
00:14:33.560 he tracks this this evolution of the diminution of power from the parliament to the prime minister's
00:14:41.560 office over time and so we have been gradually losing our democracy and this so-called pandemic this
00:14:47.960 virus has manifested all of the scars that we allowed to happen over the last three or four decades
00:14:56.920 sadly and so there's a real leadership vacuum not only at the political level but at the academic
00:15:02.440 business and unionally level in other words our civic society is broken and we need to fix it soon
00:15:08.600 in order to get back the democracy that we're losing now every day
00:15:12.200 just as we close here and you look back as i mentioned on almost 40 years of the charter of
00:15:19.480 rights and freedoms and still a country that has devolved into the things you and i have been
00:15:23.800 chatting about for uh the time we've been we've been discussing things do you feel that the charter
00:15:29.240 is still the tool it was intended to be or do you feel looking back like there was something missing from
00:15:35.320 it no i don't think there's anything missing from it all of the elements are there remember we had
00:15:40.520 the bill of rights before the charter john diefenbaker introduced the rights so we still do technically
00:15:46.520 well it is as a federal law but the whole idea of the charter was to put it in the constitution so it
00:15:51.400 would be further away from being being able to be changed that was the whole idea we already had a
00:15:58.280 charter all the ideas that are in the charter were in the bill of rights that mr diefenbaker passed but
00:16:03.480 it was a federal act of parliament and therefore was subject to change by any majority government
00:16:07.560 that came in could be changed very easily but by putting it in the constitution we all thought
00:16:13.000 everybody thought that therefore it's very difficult to change now and therefore we have
00:16:18.120 our rights and freedoms protected only to find out today that we don't
00:16:24.200 well on that grim note i i guess it shows that as you mentioned we have to in civil society be
00:16:28.920 the ones to stand up for our freedoms first and foremost former newfoundland premier
00:16:33.320 brian peckford thank you so much sir for joining me it's a pleasure to speak with you
00:16:37.320 andrew it's a pleasure to speak to you thank you very much
00:16:40.680 thanks for listening to the andrew lawton show
00:16:42.840 support the program by donating to true north at www.tnc.news